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Employment Articles

Emma Cross
26/04/2013
Covert recordings: can they be admissible as evidence?
Employment
Can employees who have covertly recorded conversations with managers and colleagues rely upon the recordings in support of their employment claims?  Possibly, confirms the EAT, in a case concerning covert recordings made of various discussions More...
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Emma Cross
26/04/2013
Disability Discrimination: Obesity
Employment
Does an individual need to establish a medical cause to be disabled? Can obesity be a disability in its own right?
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Emma Cross
26/04/2013
Redundancy Selection: Competency Assessments
Employment
The EAT has confirmed that an employer had unfairly handled a redundancy selection process when it chose to give weight to a recruitment style competency assessment which didn’t consider past appraisals or feedback from managers.
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Emma Cross
26/04/2013
Age Discrimination: Promotion Requirements
Employment
Does an employer risk indirect age discrimination claims when it sets seemingly neutral criteria for promotion – in this case a requirement to hold a degree - which has a greater impact upon older employees?
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Emma Cross
26/04/2013
CRB reform is on its way
Employment
The Government has announced its intention to introduce legislation so that certain old and minor cautions and convictions will no longer be disclosed on criminal record checks.
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Emma Cross
26/03/2013
Employment law news round-up
Employment
Enterprise & Regulatory Reform Bill A number of amendments to the Enterprise and Regulatory Reform Bill have been approved or introduced at the House of Lords stage:
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Emma Cross
26/03/2013
Equality Act does not cover post-employment victimisation
Employment
The EAT has held that the Equality Act 2010 (EA 2010) does not provide protection against post-employment victimisation.
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Emma Cross
26/03/2013
Advocate General: UK can give ‘dynamic’ TUPE rights to transferring employees
Employment
There have been longstanding uncertainties surrounding the TUPE transfer of collective agreements, e.g. wage bargaining arrangements, from the public to the private sector. Do they transfer as they stand at the date of transfer, with the employer More...
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Emma Cross
26/03/2013
Disability: is it a reasonable adjustment to exempt disabled employees from an absence management policy?
Employment
In this case, the EAT had to consider whether it was a reasonable adjustment for an employer to exempt a disabled employee from their absence management policy.
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Emma Cross
26/03/2013
Dismissal in reliance upon a final written warning
Employment
Employers are entitled to take live warnings on an employee’s personnel file into account when considering the appropriate sanction for a disciplinary offence. However, if the employee already has a ‘live’ final written warning, the tribunal should More...
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